CONTENTS
- 1. The Client's Situation
- - How the Client Came to Seek a Namyangju Attorney
- 2. The Namyangju Law Office Explains the Statutes Relevant to the Case
- 3. The Namyangju Law Office's Argument
- - Namyangju Attorney's Argument ① Submission of a Letter of Apology
- - Namyangju Attorney's Argument ② Efforts to Prevent Reoffending
- - Namyangju Attorney's Argument ③ No Additional Harm
- 4. The Court's Decision on the Namyangju Law Office's Argument
- - If You Need the Namyangju Law Office's Help
1. The Client's Situation
The client requested a consultation with a Namyangju attorney, seeking to receive a proposed solution and to conclude the case with a suspended sentence.
How the Client Came to Seek a Namyangju Attorney
The account of the client who requested help from the Namyangju law office is as follows.
The client drove while intoxicated, with a blood alcohol concentration of 0.096%, without having obtained a license for a motorized bicycle.
Although the client had a prior record of being punished for drunk driving, the client again violated the prohibition on drunk driving.
In addition, the client operated a motorized bicycle that was not covered by mandatory insurance, becoming implicated in a charge of violating the Guarantee of Automobile Accident Compensation Act.
The client, who had three prior drunk driving offenses and two prior 🔗unlicensed driving offenses of the same kind, was at risk of a heavy 🔗penalty for drunk driving.
The client came to the Namyangju law office, seeking to obtain a suspended sentence through the assistance of an attorney with experience handling a variety of drunk driving cases.
2. The Namyangju Law Office Explains the Statutes Relevant to the Case
The client was implicated in charges of drunk driving, driving without a license, and violation of the Guarantee of Automobile Accident Compensation Act.
Drunk driving seriously threatens safety on the roads and can lead to traffic accidents and personal injury, so the courts punish it strictly.
If implicated in a charge of drunk driving, a person may be punished under the following provisions.
▶ Blood alcohol concentration of 0.2% or higher: imprisonment for at least 2 years and up to 5 years, or a fine of at least 10 million won and up to 20 million won
▶ Blood alcohol concentration of 0.08% or higher to below 0.2%: imprisonment for at least 1 year and up to 2 years, or a fine of at least 5 million won and up to 10 million won
▶ Blood alcohol concentration of 0.03% or higher to below 0.08%: imprisonment for up to 1 year or a fine of up to 5 million won
▶ Refusal of a police officer's lawful demand for a breath test: imprisonment for at least 1 year and up to 5 years, or a fine of at least 5 million won and up to 20 million won
In addition, if implicated in a charge of driving without a license, a person may be subject to imprisonment for up to 1 year or a fine of up to 3 million won.
Key Issues
① Did the drunk driving cause personal injury or property damage?
② Is the client making efforts to prevent reoffending?
3. The Namyangju Law Office's Argument
The Namyangju law office argued the following and pleaded for leniency for the client.
Namyangju Attorney's Argument ① Submission of a Letter of Apology
After this incident occurred, the client cooperated actively with the investigation while undergoing questioning in good faith.
The client admitted to the entire offense and confessed, showing deep remorse for the wrongdoing.
The attorney emphasized that the client was living in self-reproach while reflecting on his conduct, and was firmly resolved never to drive while intoxicated again.
Namyangju Attorney's Argument ② Efforts to Prevent Reoffending
The client disposed of the two-wheeled vehicle so as never to drive again.
The client is doing everything possible to fundamentally eliminate the risk of an accident affecting an unspecified number of people.
The attorney emphasized that the client is steadily receiving treatment related to symptoms of alcohol dependence at a psychiatric department.
Namyangju Attorney's Argument ③ No Additional Harm
Although it was clearly wrong for the client to drive while intoxicated, the client drove a relatively short distance.
No personal injury or property damage occurred, so the risk arising from the client's drunk driving did not materialize.
The attorney also emphasized that the client mistakenly believed he was sufficiently sober because a considerable amount of time had passed since drinking, and drove on that basis.
4. The Court's Decision on the Namyangju Law Office's Argument
Accepting the Namyangju law office's argument, the court issued the decision: 'The defendant shall be sentenced to one year of imprisonment. However, execution of the above sentence shall be suspended for two years from the date this judgment becomes final.'
The client expressed deep gratitude to the Namyangju attorney.
If You Need the Namyangju Law Office's Help
The above was a case in which a client implicated in charges including drunk driving received a suspended sentence with the help of a Namyangju attorney.
Daeryun Law Firm forms a task force of 3 to 20 professionals to respond to cases in a coordinated manner.
Based on extensive experience with drunk driving cases, it provides clients with prompt and accurate solutions.
If you need the help of an attorney in a situation similar to the above case, please entrust your case through a Namyangju attorney 🔗legal consultation booking.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
